Adult victims of human trafficking and exploitation: guidance on support - consultation

4. Referring potential victims into the NRM

First Responder Organisations in Scotland are responsible for referring adult potential victims into the NRM where appropriate. Consent must be obtained before an adult can be referred, unless they lack capacity to make that decision. If the adult does not consent, the Duty to Notify under Section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015 will still apply, once implemented, but the notification to the chief constable under that section cannot identify the adult, unless the adult consents to be identified.

NRM referrals should be submitted via the National Referral Mechanism online portal.

Further guidance on the process, including how to complete the referral form and what information to include, is available from the NRM toolkit.

4.1 Why enter into the NRM?

The NRM is the formal framework for identifying potential victims of human trafficking and exploitation across the UK. Entering the NRM allows individuals to be assessed by a Competent Authority to determine if they are a victim of human trafficking and exploitation. Scottish Ministers provide support and assistance to adults within the NRM as set out at section 2.2.

4.2 Referring a Child Victim into the NRM

In Scotland, a child is defined as anyone under the age of 18. Children do not need to consent to enter the NRM and NRM referrals must be made in addition to, not instead of, child protection procedures. Referral into the NRM should follow an Inter-agency Referral Discussion (IRD) and child protection processes.

The child should be supported through Scotland’s child protection systems, with the local authority leading on safeguarding and care planning. All agencies involved must act in line with the National Guidance for Child Protection in Scotland 2021 - updated 2023, and the principles of Getting it Right for Every Child (GIRFEC).

Where appropriate, children should be referred to Guardianship Scotland under Section 11 of the Human Trafficking and Exploitation (Scotland) Act 2015 (see section 3.4 of this guidance).

4.3 Obtaining consent for the NRM after turning 18

When a young person turns 18, they must provide their consent to remain in the NRM or their instruction to withdraw from it if they have not received their conclusive grounds decision. Consent can be provided via the NRM Transition Consent / Withdrawal Form or through verbal consent. Information packs for young people in the NRM who are turning 18 are available.

1. The NRM Transition Consent / Withdrawal Form

• This form must be signed by the potential victim once they have turned 18 and returned via email, or in exceptional circumstances by post, to the SCA.

2. Verbal consent, via the First Responder Organisation signing and returning the ‘informed consent verbal checklist’

• First Responders will have a conversation with the potential victim once they have turned 18, ensuring that they understand the impact of their decision and that the consent is informed.
• The First responder should then sign and return the informed consent verbal checklist to the SCA to evidence a potential victim’s verbal consent to remain in or instruction to withdraw from the NRM, and if they want to receive Scottish Government-funded exploitation and human trafficking support.

It is likely that the local authority safeguarding professionals that support the potential victim will be involved in the above process, but it could be another professional from a different First Responder Organisation in some circumstances.

4.4 Different stages of the NRM process

Once a referral is submitted, the relevant Competent Authority (either the SCA or IECA) will assess the case. The key stages are:

• a Reasonable Grounds Decision – which should be made within five working days of referral, where possible.
• if a positive Reasonable Grounds decision is made, the individual enters the relevant period for support. In Scotland, this is up to 90 calendar days, or until such times as a conclusive grounds decision is taken, whichever comes first. This is outlined in Section 9 and 10 of the Human Trafficking and Exploitation (Scotland) Act 2015 and subsequent regulations.
• a Conclusive Grounds Decision is made once sufficient information is available, determining on the balance of probabilities whether there are sufficient grounds to decide that the individual is a victim of human trafficking or slavery, servitude and forced or compulsory labour.

4.5 Victim and Recovery Journey Overview (Scotland)

This section provides a high-level summary of the journey a victim may experience in the NRM process, as applied in Scotland:

• Identification
• Initial support
• Consent and referral (adults only)
• Reasonable Grounds decision
• Support and assistance
• Conclusive Grounds decision
• Transition or exit from support